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Calcutta High CourtWPA/16183/2021disposed

Satish Mondal v. State Of West Bengal And ORS.

2023-01-30Hon'Ble Justice Rajasekhar Mantha2 pages

30.01.2023 Court No.13 Item No. 515 pk WPA 16183 of 2021 Sri Satish Mondal Vs.

State of West Bengal and others Mr. Achyut Basu, Ms. Punam Basu, Mr. Somen Bose, Mr. Anirban Saha ... for the petitioner The petitioner complains of inaction by the Panskura Police Station in respect of his complaint dated 11th September, 2021. It is alleged that the private respondents have encroached upon his property and are effecting permanent construction thereat.

Reliance is placed upon the decision of the Executive Magistrate in M. P. Case No. 381 of 2021 where status quo order was passed under Section 144(2) of the Cr. P. C. The life of an order under Section 144(2) of the Cr. P. C. does not exceed a period of two months. The petitioner should have initiated proceedings by this time.

The petitioner may take out appropriate steps in accordance with law against the private respondents before a civil forum.

The O. C., Panskura Police Station shall, however, ensure that there is no breach of peace in the area. The writ petition is disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)